ORDER

2023A-00707-CHC-ROC · Registrar of Contractors · 2023-11-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Donald Butler,

COMPLAINANT,

v.

Gentry Estates LLC

License No. ROC 278337,

RESPONDENT.

No. 2023A-00707-CHC-ROC

ORDER

The undersigned Administrative Law Judge, having reviewed the documents Official Form 309A in Case No. 2:23-bk-07344-DPC in United States Bankruptcy Court for the District of Arizona, as filed October 13, 2023, and provided to the Office of Administrative Hearings (“OAH”) October 20, 2023, Complainant’s Objection to Respondent’s Motion to Stay or Continue, as filed October 20, 2023, and Respondent’s formal Motion to Stay Proceedings as filed October 24, 2023, makes the following minute entry:

Respondent’s motion is denied. Per In re Pincombe, 256 B.R. 774 (Bankr. N.D.Ill. 2000), the 11 U.S.C. § 362(a) automatic stay provision does not apply to state police actions because such actions are specifically excluded from the automatic stay by virtue of 11 USC 362(b)(4). Thus, Pincombe forecloses application of the stay. There is no liquidation of debt in a workmanship proceeding referred by the Arizona Registrar of Contractors. Therefore, the purpose behind the bankruptcy proceeding is not implicated in the above-captioned matter.

Done this day, November 01, 2023.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Tom Cole, Director

c/o Legal Department

Registrar of Contractors

1700 W. Washington St., Ste. 105

Phoenix, AZ 85007

[email redacted]

Gentry Estates LLC, Respondent

c/o Clint Shuler, Agent

7907 E. Portobello Ave.

Mesa, AZ 85212

[email redacted]

Donald Butler, Complainant

c/o Lang & Klain, PC, Counsel for Complainant

ATTN: Zachary W. Rosenberg, Esq.

6730 N. Scottsdale Rd., Ste. 101

Scottsdale, AZ 85253

[email redacted]

[email redacted]

[email redacted]

By: OAH Staff